Compensation awarded under the Motor Vehicles Act must be just and reasonable, reflecting the injuries sustained, and can be enhanced if found inadequate.

ORDER :

Being aggrieved and dissatisfied with the judgment and award dated 19/07/2017 passed by the learned M. A. C. Tribunal (Aux-1) Gandhinagar in Motor Accident Claim Petition No. 658 of 2009 awarding compensation of Rs.70,000/-, the appellant has preferred this appeal under Section 173 of the MV Act.

2. The brief facts of this case in nutshell is that on 01.12.2008 applicant was pillion rider and opponent No.1 driver and they were riding on vehicle no.GJ-1802558 and all of sudden one blue bull (Nil Gay) at the sim of Delvad village which is about 1 km far from Mahudi and they dashed with blue bull and sustained injuries in their body and admitted as indoor patient at TB Hospital, Vijapur. Applicant has filed the petition to get compensation on various heads.

2.1 The learned tribunal after considering the oral as well as documentary evidence has passed the judgment and award as stated in paragraph 1 of this judgment.

3. Having heard learned advocate for the parties and examining the impugned judgment and award, noticeable it appears that the tribunal after referring the decision in case of Rajkumar V/s Ajaykumar reported in 2011 ACJ Page-1 and another and judgment of the Hon'ble Apex Court in the case of Mohan Soni V/s Ramavtar reported in (2012) 2 SCC Page-267 believed that the claimant has not suffered any functional lose as he is practicing Advocate in the Gandhinagar District Court and continuously practicing post the accident. The learned tribunal awarded total compensation of Rs.70,000/-. The medical certificate produced on indicates that claimant has suffered multiple injuries and accordingly physical disability comes to 16%. The tribunal has granted various amount under the different heads viz., Loss of amenities, PSS, Transportation and Diet and attendant, etc., on lower side. Thus, considering the peculiar facts and circumstances of the case, this Court is of the considered opinion that principle of just and fair compensation which should be reasonable would meet if the compensation already awarded is enhanced from Rs.70,000/- to global compensation of Rs.1,50,000/-.

4. To be noted further that, the typographical error took place int paragraph 15 of the impugned judgment and award. Despite the policy of the vehicle found to be comprehensive, the learned tribunal fastened the liability upon the opponent no.1 and 2 jointly and severally to pay the compensation. The claimant was pillion rider in the motorcycle which met with the accident and insurance company has charged premium. Thus, the learned tribunal ought to have passed the order to recover the amount of compensation from all the opponents jointly and severally.

5. For the foregoing reasons, the appeal stands allowed. The amount of compensation, as awarded by the tribunal is enhanced from Rs.70,000/- to global compensation of Rs.1,50,000/- with interest at the rate of 8% from the date of filing of the petition till its realization. The opponent No.3 – insurance company is directed to deposit the entire amount of compensation with interest and costs within six weeks from today including the interest and costs.

6. Upon such deposit, the Tribunal shall disburse the entire awarded alying in the FDR and/or with the Tribunal, with accrued interest thereon, if any, to the claimants, by account payee cheque / NEFT / RTGS, after proper verification. While making the payment, the Tribunal shall deduct the courts fees, if not paid, in accordance with rules/law.

Record and proceedings, if any, be sent back to the concerned Tribunal, forthwith.